IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Atty. Docket: KAESELER2B
`
`\/\./\/\./\/\./\/\./\./
`
`Conf. No.: 3747
`
`Art Unit: 3742
`
`Examiner: N/A
`
`Washington, D.C.
`
`June 19, 2014
`
`In re Application of:
`
`Werner KAESELER
`
`U.S. Appln. No.: 14/273,926
`
`Filed: May 9, 2014
`
`For: SPOT WELDING CAP CHANGER
`
`U.S. Patent and Trademark Office
`
`Customer Service Window
`
`Randolph Building, Mail Stop Amendment
`401 Dulany Street
`Alexandria, VA 22314
`
`PRELIMINARY AMENDMENT
`
`Sir:
`
`Prior to examination on the merits, and prior to calculation of the
`
`filing fee, kindly amend as follows:
`
`Amendments to the Claims are reflected in the listing of claims
`
`which begins on page 2 of this paper.
`
`Remarks begin on page 6 of this paper.
`
`Ex. C&D 1004, page 1
`
`Ex. C&D 1004, page 1
`
`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 2 of 7
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`AMENDMENTS TO THE CLAIMS:
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application.
`
`Claims 1-16 (Cancelled).
`
`17.
`
`(New) A cap magazine for use with a cap extractor that
`
`detaches a spot welding cap of a pincer spot welding head inserted into the cap
`
`extractor from a shaft of the pincer welding head, the cap magazine comprising:
`
`a cap carrier sized and shaped to receive a plurality of spot welding
`
`caps;and
`
`an actuator for driving the spot welding caps within the cap carrier,
`
`the actuator providing an advancing force to advance the caps one by one so
`
`that one of the caps moves to an access position, the access position allowing
`
`one of the spot welding caps to be attached axially to the shaft of the pincer spot
`
`welding head and to be extracted from the cap carrier with the shaft of the pincer
`
`spot welding head, and when the cap in the access position is extracted from the
`
`cap carrier,
`
`the actuator advances another one of the caps into the access
`
`position.
`
`18.
`
`(New) The cap magazine of claim 17, further comprising a
`
`stop for successively retaining each cap in the access position.
`
`2 of 7
`
`Ex. C&D 1004, page 2
`
`Ex. C&D 1004, page 2
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`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 3 of 7
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`19.
`
`(New) The cap magazine of claim 17, wherein the actuator
`
`includes a spring box.
`
`20.
`
`(New) The cap magazine of claim 19, wherein the spring box
`
`includes a spring, one end of which is fixed at the spring box, and the other end
`
`of which is fixed at the cap carrier.
`
`21.
`
`(New) The cap magazine of claim 17, further comprising a
`
`rim overlap that overlaps the cap in the access position on one side.
`
`22.
`
`(New) The cap magazine of claim 21, wherein a magazine
`
`cover is held preloaded by a spring in the direction of the access position so that
`
`the rim overlap overlaps a cap frame in a stop position of the magazine cover.
`
`23.
`
`(New) The cap magazine of claim 17, wherein the cap
`
`carrier is sized and shaped to receive the spot welding caps in a circular
`
`arrangement.
`
`24.
`
`(New) A spot welding cap changer comprising:
`
`a cap extractor having a gripper which in response to a turning and
`
`axial extraction movement detaches a spot welding cap of a pincer spot welding
`
`head inserted into the gripper from a shaft of the pincer spot welding head in
`
`such a way that the spot welding cap is clamped by the gripper to prevent the
`
`spot welding cap from twisting; and
`
`3 of 7
`
`Ex. C&D 1004, page 3
`
`Ex. C&D 1004, page 3
`
`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 4 of 7
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`at
`
`least one cap magazine including: a cap carrier sized and
`
`shaped to receive a plurality of spot welding caps, and an actuator for driving the
`
`spot welding caps within the cap carrier, the actuator providing an advancing
`
`force to advance the caps one by one so that one of the caps moves to an
`
`access position, the access position allowing one of the spot welding caps to be
`
`attached axially to the shaft of the pincer spot welding head and to be extracted
`
`from the cap carrier with the shaft of the pincer spot welding head, and when the
`
`cap in the access position is extracted from the cap carrier,
`
`the actuator
`
`advances another one of the caps into the access position.
`
`25.
`
`(New) The spot welding cap changer according to claim 24,
`
`wherein the gripper
`
`includes at
`
`least one moveable gripping element
`
`for
`
`engaging the spot welding cap.
`
`26.
`
`(New) The spot welding cap changer according to claim 25,
`
`wherein the moveable gripping element includes spring-loaded, pivoting jaws that
`
`are open at their ends and can be rotated towards each other with approximately
`
`parallel toothed grip surfaces whose distance is smaller than a diameter of a spot
`
`welding cap.
`
`27.
`
`(New) The spot welding cap changer according to claim 26,
`
`wherein respectively one of the jaws is fixed jaw at a jaw plate, and the other jaw
`
`is a movable jaw formed at a U-shaped jaw arm, which is supported with a pivot
`
`joint behind the fixed jaw.
`
`4 of 7
`
`Ex. C&D 1004, page 4
`
`Ex. C&D 1004, page 4
`
`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 5 of 7
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`28.
`
`(New) The spot welding cap changer according to claim 27,
`
`further comprising a preloaded spring mounted to the moveable jaw for biasing
`
`the moveable jaw toward the fixed jaw.
`
`29.
`
`(New) The spot welding cap changer according to claim 24,
`
`further comprising a stop for successively retaining each cap in the access
`
`position.
`
`30.
`
`(New) The spot welding cap changer according to claim 24,
`
`wherein the actuator includes a spring box.
`
`31.
`
`(New) The spot welding cap changer according to claim 30,
`
`wherein the spring box includes a spring, one end of which is fixed at the spring
`
`box, and the other end of which is fixed at the cap carrier.
`
`32.
`
`(New) The spot welding cap changer according to claim 24,
`
`further comprising a rim overlap that overlaps the cap in the access position on
`
`one side.
`
`33.
`
`(New) The spot welding cap changer according to claim 32,
`
`wherein a magazine cover is held preloaded by a spring in the direction of the
`
`access position so that the rim overlap overlaps a cap frame in a stop position of
`
`the magazine cover.
`
`5 of 7
`
`Ex. C&D 1004, page 5
`
`Ex. C&D 1004, page 5
`
`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 6 of 7
`
`Atty. Dkt. KAESELERZB
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`34.
`
`(New) The spot welding cap changer according to claim 24,
`
`wherein the cap carrier is sized and shaped to receive the spot welding caps in a
`
`circular arrangement.
`
`35.
`
`(New) The spot welding cap changer according to claim 24,
`
`wherein the cap extractor with the gripper is mounted on a mounting plate, on
`
`which the cap magazine is mounted with a rearward offset.
`
`36.
`
`(New) The spot welding cap changer according to claim 24,
`
`wherein the at least one cap magazine includes at least two cap magazines.
`
`60f7
`
`Ex. C&D 1004, page 6
`
`Ex. C&D 1004, page 6
`
`

`

`In re of: Werner KAESELER
`Preliminary Amendment
`Page 7 of 7
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`REMARKS
`
`Claims 17-36 presently appear in this case, which claims 1-16
`
`having been cancelled without prejudice and claims 17-36 having been added.
`
`Applicant submits that no new matter has been added by way of
`
`these
`
`amendments.
`
`Independent claim 17 recites a cap magazine that
`
`is similar in
`
`some respects, but not all, to the cap magazine recited in independent claim 21
`
`of Applicant’s issued U.S. Patent No. 8,742,281.
`
`Independent claim 24 recites a spot welding cap changer that
`
`includes a cap magazine that is similar to the one recited independent claim 17.
`
`In view of
`
`the above amendments and remarks,
`
`the Applicant
`
`submits that
`
`the application is
`
`in condition for allowance and respectfully
`
`requests a notice to that effect.
`
`Please charge any additional fees that may be required, or credit
`
`any overpayments, to Deposit Account Number 02-4035.
`
`Respectfully submitted,
`
`BROWDY AND NEIMARK, P.L.L.C.
`Attorneys for Applicant(s)
`
`By
`
`/Ronni S. Jillions/
`Ronni S. Jillions
`
`Registration No. 31,979
`
`RSJ:srd
`
`Telephone No.: (202) 628-5197
`Facsimile No.: (202) 737-3528
`G:\BN\B\Bere\Kaese|er2B\PTO\2014-06-19-Pre|iminary_Amendment-KAESE LER2B.doc
`
`70f7
`
`Ex. C&D 1004, page 7
`
`Ex. C&D 1004, page 7
`
`

`

` UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`APPLICATION NO.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/273,926
`
`05/09/2014
`
`Werner KAESELER
`
`KAESELER2B
`
`3747
`
`Browdy and Neimark, prrc —
`°2’°5’””
`759°
`1444
`1625 K Street, N.W.
`STONEK K EY SHAWN
`Suite 1 100
`
`Washington, DC 20006
`
`1735
`
`MAIL DATE
`
`02/05/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`-
`3
`EX C&D 1004 page 8
`
`Ex. C&D 1004, page 8
`
`

`

`Application No.
`14/273,926
`
`App|icant(s)
`KAESELER, WERNER
`
`0ffiCe ACtiOn Summary
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`[3\j3‘”S
`1735
`KILEY STONER
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`—
`— Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)|Z| Responsive to communication(s) filed on 6/19/14.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)IXI This action is non—final.
`2a)I:I This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)|X| Claim(s) L363/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6 El Claim s)
`s) L363/are rejected.
`
`8 |:I Claim s)
`
`is/are objected to.
`
`are subject to restriction and/or election requirement.
`9)|:I Claim(s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`h/indexfis or send an inquiry to PPl-ifeedbackf,<‘Bus§tc.Gov.
`
`://www.us:>to. ow atents/init events/
`
`htt
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXl Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)|Z| All
`
`b)|:| Some** c)|:l None of the:
`
`1.IZI Certified copies of the priority documents have been received.
`2.I:| Certified copies of the priority documents have been received in Application No. j
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`3) D jme,-View summary (PTQ.413)
`_
`_
`Paper No(s)/Mail Date. j
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 4) D other: H‘ .
`
`
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Part of Paper No./Mail Date 20150128
`
`Office Action Summary
`
`Ex. C&D 1004, page 9
`
`Ex. C&D 1004, page 9
`
`

`

`Application/Control Number: 14/273,926
`
`Page 2
`
`Art Unit: 1735
`
`DETAILED ACTION
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
`
`102 that form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
`
`(e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for patent or
`(2) a patent granted on an application for patent by another filed in the United States before
`the invention by the applicant for patent, except that an international application filed under
`the treaty defined in section 351 (a) shall have the effects for purposes of this subsection of an
`application filed in the United States only if the international application designated the United
`States and was published under Article 21(2) of such treaty in the English language.
`
`Claims 17-19 and 23 are rejected under pre-AIA 35 U.S.C. 102b as being
`
`anticipated by Koch (DE-19905477C2 IDS).
`
`The intended use of the instantly claimed apparatus is noted, however, the
`
`intended use does not patentably distinguish said claimed apparatus over the prior art.
`
`While features of an apparatus may be recited either structurally or functionally, claims
`
`directed to an apparatus must be distinguished from the prior art in terms of structure
`
`rather than function. A claim containing a “recitation with respect to the manner in
`
`which a claimed apparatus is intended to be employed does not differentiate the
`
`Ex. C&D 1004, page 10
`
`Ex. C&D 1004, page 10
`
`

`

`Application/Control Number: 14/273,926
`
`Page 3
`
`Art Unit: 1735
`
`claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the
`
`structural limitations of the claim (MPEP 2114). Therefore, it is the examiner's position
`
`that the apparatus of the prior art is capable of performing the claimed function(s) with
`
`the claimed material (MPEP 2114, 2115).
`
`With respect to claim 17, Koch teaches a cap magazine (1 b) comprising: a cap
`
`carrier (5a, 5b) sized and shaped to receive a plurality of spot welding caps (20) ; and
`
`an actuator (feather/spring 6) for driving the spot welding caps within the cap carrier, the
`
`actuator providing an advancing force to advance the caps one by one so that one of
`
`the caps moves to an access position (11), the access position allowing one of the spot
`
`welding caps to be attached axially to the shaft of the pincer spot welding head and to
`
`be extracted from the cap carrier with the shaft of the pincer spot welding head, and
`
`when the cap in the access position is extracted from the cap carrier, the actuator
`
`advances another one of the caps into the access position (figures 1-5; and the
`
`translation provided by the applicant). Note that the magazine configuration of Koch is
`
`capable of performing the claimed function.
`
`With respect to claim 18, Koch teaches a stop (21) for successively retaining
`
`each cap in the access position.
`
`With respect to claim 19, Koch teaches wherein the actuator includes a spring
`
`box (6, 7).
`
`Ex. C&D 1004, page 11
`
`Ex. C&D 1004, page 11
`
`

`

`Application/Control Number: 14/273,926
`
`Page 4
`
`Art Unit: 1735
`
`With respect to claim 23, Koch teaches wherein the cap carrier is sized and
`
`shaped to receive the spot welding caps in a circular arrangement (figure 5; and
`
`translation).
`
`Claims 17-18 are rejected under pre-AIA 35 U.S.C. 102e as being anticipated
`
`by Louzier (FR-2874523A1).
`
`The intended use of the instantly claimed apparatus is noted, however, the
`
`intended use does not patentably distinguish said claimed apparatus over the prior art.
`
`While features of an apparatus may be recited either structurally or functionally, claims
`
`directed to an apparatus must be distinguished from the prior art in terms of structure
`
`rather than function. A claim containing a “recitation with respect to the manner in
`
`which a claimed apparatus is intended to be employed does not differentiate the
`
`claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the
`
`structural limitations of the claim (MPEP 2114). Therefore, it is the examiner's position
`
`that the apparatus of the prior art is capable of performing the claimed function(s) with
`
`the claimed material (MPEP 2114, 2115).
`
`With respect to claim 17, Louzier teaches a cap magazine (cartridge 20)
`
`comprising: a cap carrier (figures 5-9) sized and shaped to receive a plurality of spot
`
`welding caps (electrodes); and an actuator (thrust system 41) for driving the spot
`
`welding caps within the cap carrier, the actuator providing an advancing force to
`
`advance the caps one by one so that one of the caps moves to an access position (47),
`
`Ex. C&D 1004, page 12
`
`Ex. C&D 1004, page 12
`
`

`

`Application/Control Number: 14/273,926
`
`Page 5
`
`Art Unit: 1735
`
`the access position allowing one of the spot welding caps to be attached axially to the
`
`shaft of the pincer spot welding head and to be extracted from the cap carrier with the
`
`shaft of the pincer spot welding head, and when the cap in the access position is
`
`extracted from the cap carrier, the actuator advances another one of the caps into the
`
`access position (abstract; and figures 5-9). Note that the magazine/cartridge
`
`configuration of Louzier is capable of performing the claimed function.
`
`With respect to claim 18, Louzier teaches a stop (46, 46a) for successively
`
`retaining each cap in the access position.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the claims at issue are not identical, but at least
`
`one examined application claim is not patentably distinct from the reference claim(s)
`
`because the examined application claim is either anticipated by, or would have been
`
`obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d
`
`1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir.
`
`1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`Ex. C&D 1004, page 13
`
`Ex. C&D 1004, page 13
`
`

`

`Application/Control Number: 14/273,926
`
`Page 6
`
`Art Unit: 1735
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the reference application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement. A terminal
`
`disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO internet Web site contains terminal disclaimer forms which may be
`
`used. Please visit http://www.uspto.gov/forms/. The filing date of the application will
`
`determine what form should be used. A web—based eTerminal Disclaimer may be filled
`
`out completely online using web-screens. An eTerminal Disclaimer that meets all
`
`requirements is auto-processed and approved immediately upon submission. For more
`
`information about eTerminal Disclaimers, refer to
`
`http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
`
`Claims 17-22, 24-33 and 35-36 are rejected on the ground of nonstatutory double
`
`patenting as being unpatentable over claims 1-27 of U.S. Patent No. 8,742,281.
`
`Although the claims at issue are not identical, they are not patentably distinct from each
`
`other because the claims of the instant application are broader than thus envisaged by
`
`the claims of U.S. Patent No. 8,742,281.
`
`Claims 17-36 are rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claims 1-16 of U.S. Patent No. 8,314,356. Although the claims
`
`at issue are not identical, they are not patentably distinct from each other because the
`
`Ex. C&D 1004, page 14
`
`Ex. C&D 1004, page 14
`
`

`

`Application/Control Number: 14/273,926
`
`Page 7
`
`Art Unit: 1735
`
`claims of the instant application are broader than thus envisaged by the claims of U.S.
`
`Patent No. 8,314,356.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Kiley Stoner whose telephone number is 571-272-1183.
`
`The examiner can normally be reached Monday-Thursday (9:30 a.m. to 8:00 p.m.).
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Keith Walker can be reached on 571-272-3458. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Kiley Stoner/
`
`Primary Examiner, Art Unit 1735
`
`Ex. C&D 1004, page 15
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`Ex. C&D 1004, page 15
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`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Atty. Docket: KAESELER2B
`
`Conf. No.: 3747
`
`Art Unit: 3742
`
`Examiner: K. S. Stoner
`
`Washington, D.C.
`
`August 5, 2015
`
`) ) ) )
`
`)
`
`) )
`
`) )
`
`In re Application of:
`
`Werner KAESELER
`
`U.S. Appln. No.: 14/273,926
`
`Filed: May 9, 2014
`
`For: SPOT WELDING CAP CHANGER
`
`U.S. Patent and Trademark Office
`
`Customer Service Window
`
`Randolph Building, Mail Stop Amendment
`401 Dulany Street
`Alexandria, VA 22314
`
`AMENDMENT AND RESPONSE
`
`Sir:
`
`In response to the Office Action dated February 5, 2015, the
`
`period for response having been extended from May 5, 2015, until
`
`August 5, 2015, by the concurrent filing of a request for three month
`
`extension of time and payment of the appropriate fee, please amend this
`
`application as follows:
`
`Amendments to the Claims are reflected in the listing of
`
`claims which begins on page 2 of this paper.
`
`Remarks begin on page 9 of this paper.
`
`Ex. C&D 1004, page 16
`
`Ex. C&D 1004, page 16
`
`

`

`In re of: Werner KAESELER
`
`Page 2 of 10
`
`Atty. Dkt. KAESELERQB
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`AMENDMENTS TO THE CLAIMS:
`
`This listing of claims Will replace all prior versions, and
`
`listings, of claims in the application.
`
`1- 16 (Cancelled).
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`17. (Currently Amended) A cap magazine for use with a
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`cap extractor that detaches a spot Welding cap of a pincer spot Welding
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`head inserted into the cap extractor from a shaft of the pincer Welding
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`head, the cap magazine comprising:
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`a cap carrier sized and shaped to receive a plurality of spot
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`Welding caps; and
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`an actuator for driving the spot Welding caps Within the cap
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`carrier, the actuator providing an advancing force to advance the caps
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`one by one so that one of the caps moves to an access position, the
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`access position allowing one of the spot Welding caps to be attached
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`axially to the shaft of the pincer spot Welding head and to be extracted
`
`from the cap carrier With the shaft of the pincer spot Welding head, and
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`when the cap in the access position is extracted from the cap carrier, the
`
`actuator advances another one of the caps into the access position;
`
`wherein the actuator includes a spring box; and
`
`2 of 10
`
`Ex. C&D 1004, page 17
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`Ex. C&D 1004, page 17
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`

`

`In re of: Werner KAESELER
`
`Page 3 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`wherein the spring box includes a spring, one end of which
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`is fixed at the spring box, and the other end of which is fixed at the cap
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`carrier.
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`18. (Previously Presented) The cap magazine of claim 17,
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`further comprising a stop for successively retaining each cap in the
`
`access position.
`
`19. — 20. (Cancelled)
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`21. (Previously Presented) The cap magazine of claim 17,
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`further comprising a rim overlap that overlaps the cap in the access
`
`position on one side.
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`22. (Previously Presented) The cap magazine of claim 21,
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`wherein a magazine cover is held preloaded by a spring in the direction of
`
`the access position so that the rim overlap overlaps a cap frame in a stop
`
`position of the magazine cover.
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`23. (Previously Presented) The cap magazine of claim 17,
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`wherein the cap carrier is sized and shaped to receive the spot welding
`
`caps in a circular arrangement.
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`24. (Previously Presented) A spot welding cap changer
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`comprising:
`
`3 of 10
`
`Ex. C&D 1004, page 18
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`Ex. C&D 1004, page 18
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`

`

`In re of: Werner KAESELER
`
`Page 4 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`a cap extractor having a gripper which in response to a
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`turning and axial extraction movement detaches a spot welding cap of a
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`pincer spot welding head inserted into the gripper from a shaft of the
`
`pincer spot welding head in such a way that the spot welding cap is
`
`clamped by the gripper to prevent the spot welding cap from twisting;
`
`and
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`at least one cap magazine including: a cap carrier sized and
`
`shaped to receive a plurality of spot welding caps, and an actuator for
`
`driving the spot welding caps within the cap carrier, the actuator
`
`providing an advancing force to advance the caps one by one so that one
`
`of the caps moves to an access position, the access position allowing one
`
`of the spot welding caps to be attached axially to the shaft of the pincer
`
`spot welding head and to be extracted from the cap carrier with the shaft
`
`of the pincer spot welding head, and when the cap in the access position
`
`is extracted from the cap carrier, the actuator advances another one of
`
`the caps into the access position.
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`25. (Previously Presented) The spot welding cap changer
`
`according to claim 24, wherein the gripper includes at least one moveable
`
`gripping element for engaging the spot welding cap.
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`26. (Previously Presented) The spot welding cap changer
`
`according to claim 25, wherein the moveable gripping element includes
`
`4 of 10
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`Ex. C&D 1004, page 19
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`Ex. C&D 1004, page 19
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`

`

`In re of: Werner KAESELER
`
`Page 5 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`spring—loaded, pivoting jaws that are open at their ends and can be
`
`rotated towards each other with approximately parallel toothed grip
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`surfaces whose distance is smaller than a diameter of a spot welding cap.
`
`27. (Previously Presented) The spot welding cap changer
`
`according to claim 26, wherein respectively one of the jaws is fixed jaw at
`
`a jaw plate, and the other jaw is a movable jaw formed at a U—shaped jaw
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`arm, which is supported with a pivot joint behind the fixed jaw.
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`28. (Previously Presented) The spot welding cap changer
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`according to claim 27, further comprising a preloaded spring mounted to
`
`the moveable jaw for biasing the moveable jaw toward the fixed jaw.
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`29. (Previously Presented) The spot welding cap changer
`
`according to claim 24, further comprising a stop for successively
`
`retaining each cap in the access position.
`
`30. (Previously Presented) The spot welding cap changer
`
`according to claim 24, wherein the actuator includes a spring box.
`
`31. (Previously Presented) The spot welding cap changer
`
`according to claim 30, wherein the spring box includes a spring, one end
`
`of which is fixed at the spring box, and the other end of which is fixed at
`
`the cap carrier.
`
`5 of 10
`
`Ex. C&D 1004, page 20
`
`Ex. C&D 1004, page 20
`
`

`

`In re of: Werner KAESELER
`
`Page 6 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`32. (Previously Presented) The spot welding cap changer
`
`according to claim 24, further comprising a rim overlap that overlaps the
`
`cap in the access position on one side.
`
`33. (Previously Presented) The spot welding cap changer
`
`according to claim 32, wherein a magazine cover is held preloaded by a
`
`spring in the direction of the access position so that the rim overlap
`
`overlaps a cap frame in a stop position of the magazine cover.
`
`34. (Previously Presented) The spot welding cap changer
`
`according to claim 24, wherein the cap carrier is sized and shaped to
`
`receive the spot welding caps in a circular arrangement.
`
`35. (Previously Presented) The spot welding cap changer
`
`according to claim 24, wherein the cap extractor with the gripper is
`
`mounted on a mounting plate, on which the cap magazine is mounted
`
`with a rearward offset.
`
`36. (Previously Presented) The spot welding cap changer
`
`according to claim 24, wherein the at least one cap magazine includes at
`
`least two cap magazines.
`
`37.
`
`(New) The cap magazine of claim 17, wherein the cap
`
`carrier is sized and shaped to contain the plurality of spot welding caps
`
`in a circle—like pattern.
`
`6 of 10
`
`Ex. C&D 1004, page 21
`
`Ex. C&D 1004, page 21
`
`

`

`In re of: Werner KAESELER
`
`Page 7 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`38.
`
`(New) The cap magazine of claim 37, wherein the spring
`
`box is distinct from the cap carrier.
`
`39.
`
`(New) The cap magazine of claim 37, wherein the spring
`
`provides a torsion force to advance the plurality of spot welding caps
`
`contained within the cap carrier.
`
`40.
`
`(New) The cap magazine of claim 37, wherein the cap
`
`carrier is barrel shaped.
`
`41.
`
`(New) The cap magazine of claim 17, wherein the cap
`
`carrier includes drill holes arranged in a circle—like pattern for holding
`
`the plurality of spot welding caps.
`
`42.
`
`(New) The cap magazine of claim 41, wherein the spring
`
`box is distinct from the cap carrier.
`
`43.
`
`(New) The cap magazine of claim 41, wherein the spring
`
`provides a torsion force to advance the plurality of spot welding caps
`
`contained within the cap carrier.
`
`44.
`
`(New) The cap magazine of claim 41, wherein the cap
`
`carrier is barrel shaped.
`
`45.
`
`(New) The cap magazine of claim 23, wherein the spring
`
`box is distinct from the cap carrier.
`
`7 of 10
`
`Ex. C&D 1004, page 22
`
`Ex. C&D 1004, page 22
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`

`

`In re of: Werner KAESELER
`
`Page 8 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`46.
`
`(New) The cap magazine of claim 23, wherein the spring
`
`provides a torsion force to advance the plurality of spot welding caps
`
`contained within the cap carrier.
`
`47.
`
`(New) The cap magazine of claim 23, wherein the cap
`
`carrier is barrel shaped.
`
`48.
`
`(New) The cap magazine of claim 23, wherein the cap
`
`carrier includes drill holes arranged in a circle—like pattern for holding
`
`the plurality of spot welding caps in the circular arrangement.
`
`8 of 10
`
`Ex. C&D 1004, page 23
`
`Ex. C&D 1004, page 23
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`

`

`In re of: Werner KAESELER
`
`Page 9 of 10
`
`Atty. Dkt. KAESELER2B
`Appln. No. 14/273,926
`Filed June 16, 2014
`
`REMARKS
`
`Claims 17-36 are pending in this application. By this
`
`response, claims 16 and 20 have been cancelled, without prejudice, and
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`new dependent claims 25-48 have been added. Applicant submits that
`
`no new matter has been added